Intellectual Property And Academia

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William A. Dowling
V. Blair Dowling

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Abstract

Accompanying the exponential growth in the technology sector in the last decade has been the development and implementation of new policies and protocols regarding intellectual property by many academic institutions.  Characteristically, considerable debate has accompanied the process.  The purpose of this paper is to explore the relationship between technological progress and the development of university policies and protocols pertaining to intellectual property. 

 

Initially, a set of commonly accepted definitions for "Intellectual Property" (IP) is established.  This is accomplished by drawing from federal laws and statutes, the American Association of University Professors guidelines for IP policy content and wording, and several current university policies.  As these definitions are developed, it becomes apparent that one must next broach the issue of where software and other new forms of technology-related materials fit into current classifications.  This paper includes an overview of current approaches to IP agreements among research-level universities in the United States, and a brief coverage of historical precedents.  Special attention is given to recent changes in policies which seem to have been caused by technological advances, and several outside opinions and recommendations for modifications due to technology are presented.  The question of whether or not any changes in IP policy are warranted becomes central, and some care is taken to analyze the consequences of various proposals for modification (or lack thereof), concluding with some recommendations on the topic.

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